McDONOUGH CONST. CORP. v. PAN AMERICAN SURETY CO.

No. H-418.

190 So.2d 617 (1966)

McDONOUGH CONSTRUCTION CORPORATION, and Frank P. Settecasi and Joseph R. Chillura, Doing Business As Settecasi and Chillura, a Partnership, Appellants, v. PAN AMERICAN SURETY COMPANY, a Florida Corporation Authorized to Transact an Insurance Business, and State of Florida, ex rel., J. Edwin Larson, State Treasurer and ex Officio Insurance Commissioner, Appellees.

District Court of Appeal of Florida. First District.

October 11, 1966.


Attorney(s) appearing for the Case

Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Ralph A. Marsicano, Tampa, and Mershon, Sawyer, Johnson, Dunwoody & Cole, Miami, for appellants.

Earl Faircloth, Atty. Gen., Robert J. Kelly, Asst. Atty. Gen., Walter E. Rountree, Gen. Counsel, Arthur E. Lewis, Tallahassee and Robert E. Gibson, St. Petersburg, for appellees.


RAWLS, Chief Judge.

The sole question on this appeal is whether the proceeds from a contract of reinsurance is payable to the reinsured's receiver for the benefit of its creditors or is payable to the insured who suffered the loss.

Pan American Surety Company, while actively engaged in the insurance and surety business, entered into a facultative reinsurance treaty with Southeast Title and Insurance Company. While this treaty was in effect Pan American became...

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